Rhode Island's economic development agency says there is "crushing evidence" that former Boston Red Sox pitcher Curt Schilling and others concealed financial information about his now-defunct video game company and that its suit against them should be allowed to move ahead.
An attorney for the Economic Development Corp. has filed documents in Superior Court responding to last month's request from Schilling and other 38 Studios executives that the suit be dismissed.
The filing says their main argument misconstrues the facts and calls it a "red herring." It says the EDC board that approved a $75 million loan guarantee was not informed about a financing shortfall.
Attorneys for Schilling and others being sued say they repeatedly disclosed the company's financial needs.
38 Studios filed for bankruptcy last summer.